Police can now stop you without probable cause if license plate is obstructed

[Jasper]

http://www.freep.com/story/news/local/michigan/2016/03/30/police-ve...

[Willy]

I'm not lawyer but they've always stopped cars with obstructed plates. The question here is why did they search the vehicle? What probable cause did they have for doing that?

[shinblind]

"Muskegon County sheriff's deputies pulled over Charles Almando-Maurice Dunbar's truck about 1 a.m. Oct. 12, 2012, on Hackley Avenue in Muskegon Heights. Once he was stopped, deputies said they smelled marijuana, leading to a search that uncovered drugs and a gun."

http://www.mlive.com/news/saginaw/index.ssf/2015/11/towing_ball_tra...

 

[Jasper]

Shinbind the man was originally pulled over due to his license being partially obstructed by a trailer hitch. The cops were able to view his plate other than one number. As argued by his attorney if the cop had changed his driving position the cop would have been able to clearly observe his plate. This sets a precedence for probable cause. Can cops pull anyone over if for example they have a bicycle rack on their vehicle, towing a camper, boat trailer, or for that matter snow??? Is this case as suggested by this man's attorney a violation of his constitutional right's?? Just throwing this out there for people's thoughts.

[shinblind]

As the law now stands, yes, they can pull you over for any obstruction of your vehicle plate. 

They could always pull you over for snow blocking your plate.

Is it a violation of his 4th Amendment Rights?  Maybe. As it stands right now I believe it would be a 4-4 split decision by the US Supreme Court. How it would be decided when the Court is back to full strength would depend on who nominates the next Justice.

[Willy]

There is no way to relocate a plate so it could be seen if towing a trailer unless it's on the back of the trailer. I understand the Court's decision, however, it's not reasonable to conclude that relocating the plate is a feasible option since plates have been at the front and rear end of cars since they have been required. I have to go along with the plaintiffs attorney. If the plate can be seen at a reasonable angle then it should be acceptable being located, by design, at the lower rear center of the vehicle. Common sense doesn't seem to be part of this decision. This guy may have been doing something wrong and deserved to be busted but every time a decision like this is rendered it will then be applied to law abiding citizens and used as an excuse for police to practice more big brother tactics.

[shinblind]

It should now be up to the Michigan Legislature to write a law defining what is the proper way to display a license plate. 

[Willy]

The Court stated the plate was obstructed by the trailer. A plate has never been able to be read behind a trailer. In order to do so an officer must approach a vehicle from the side to see it. Something that has been done since trailers have been towed. This ruling means that all vehicles towing trailers and other similar devices are now operating illegally. So until the Legislature can work around this ruling everyone should stop using their tow hitches in order to compy with this ruling. I know the Court has interpreted the law to cause this situation but where's the common sense in this?

[shinblind]

For clarification the Court stated a trailer hitch ball obstructed the plate not a trailer.

A wide trailer with a short tongue and way the plate sits in a recessed position on most truck bumpers would still leave the plate unreadable from the side.

While there must be a technical solution around this dilemma I hate to see either a Legislature or the Accounting Department become involved with the Engineering & Design Department.

[Jasper]

Exactly Shinblind....it was a trailer ball hitch. Trailer ball hitches are not the size of a license plate. If one reads the articles the cops got one number off when they ran his plate. It was argued the cops could have maneuvered to get an accurate number. It will be interesting if this is taken to the US Supreme Court. The MCL needs to be more specific regarding this.

[Willy]

My mistake. I thought it was a trailer not just the ball. If that's the case then the ruling makes even less sense. How can a ball on a hitch block the license plate? I better start reading more carefully. Thanks for the clarification guys. I am assuming your guys.